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2005-18 . . e . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Date: Februarv 28. 2005 Resolution: 2005-18 Motion By: 'Seconded By: Peterson Labatt RESOLUTION DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF DISPOSAL OF REAL PROPERTY WHEREAS, the City of Chanha~sen ("City") is proposing to dispose of property legally described in the attached Exhibit "A," ("Subject Property") under the terms of the proposed Offer to Sell and Memorandum of Conditions between the State of Minnesota ("Buyer") and the City, provided under MnDOT letter dated February 7, 2005 to the Chanhassen City Engineer regarding MnDOT Parcel 73 - City of Chanhassen ("Memorandum of Understanding"); and WHEREAS, Minn. Stat. S 462.356, Subd. 2 requires that the Planning Commission review the City's proposed disposal of real property for compliance with the comprehensive plan and to report to the City Council in writing its findings; and WHEREAS, Minn. Stat. S 462.356, Subd. 2 provides for an exception from the requirement for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement and finding that the disposal of the real property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA: 1. The City Council finds that the disposal of the Subject Property under the Memorandum of Conditions has no relationship to the comprehensive municipal plan. 2. Review by the Planning Commission of the disposal of the Subject Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Clerk are authorized and directed to execute all documents, and take all appropriate measures to dispose of the Subject Property under the terms of the Memorandum of Conditions. Passed and adopted by the Chanhassen City Council this 28th day of February, 2005. YES Furlong Labatt Lundquist Peterson Tjomhom NO None .. .. EXHIBIT "A" . Legal Description of Subject Property: All of the following: That part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 116 North, Range 23 West, and the Southeast Quarter of the Southeast Quarter of Section 13, Township 116 North, Range 23 West, and Outlot A, NORTH BAY, shown as Parcel 73 on Minnesota Department of Transportation Right-of-Way Plat Numbered 10-17 as the same is on file and of record in the office of the County Recorder in and for Carver County, Minnesota; Containing 26.51 acres, more or less, in the unplatted portion thereof; Together with other rights as set forth below, forming and being part of the Parcel 73. . .